80 FR 43631 - Medium- and Heavy-Duty Vehicle Fuel Efficiency Program
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 80, Issue 141 (July 23, 2015)
National Highway Traffic Safety Administration
Federal Register Volume 80, Issue 141 (July 23, 2015)
| Page Range | 43631-43634 | |
| FR Document | 2015-18073 |
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)] [Rules and Regulations] [Pages 43631-43634] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18073] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 535 Medium- and Heavy-Duty Vehicle Fuel Efficiency Program CFR Correction In Title 49 of the Code of Federal Regulations, Parts 400 to 571, revised as of October 1, 2014, on page 146, Sec. 535.9 is reinstated to read as follows: Sec. 535.9 Enforcement approach. (a) Compliance. (1) NHTSA will assess compliance with fuel consumption standards each year, based upon EPA final verified data submitted to NHTSA for its heavy-duty vehicle fuel efficiency program established pursuant to 49 U.S.C. 32902(k). NHTSA may conduct verification testing throughout a given model year in order to validate data received from manufacturers and will discuss any potential issues with EPA and the manufacturer. (2) Credit values in gallons are calculated based on the final CO2 emissions and fuel consumption data submitted by manufacturers and verified/validated by EPA. (3) NHTSA will verify a manufacturer's credit balance in each averaging set for each given model year. The average set balance is based upon the engines or vehicles performance above or below the applicable regulatory subcategory standards in each respective averaging set and any credits that are traded into or out of an averaging set during the model year. (i) If the balance is positive, the manufacturer is designated as having a credit surplus. (ii) If the balance is negative, the manufacturer is designated as having a credit deficit. (4) NHTSA will provide written notification to the manufacturer that has a negative balance for any averaging set for each model year. The manufacturer will be required to confirm the negative balance and submit a plan indicating how it will allocate existing credits or earn, and/or acquire by trade credits, or else be liable for a civil penalty as determined in paragraph (b) of this section. The manufacturer must submit a plan within 60 days of receiving agency notification. (5) Credit shortfall within an averaging set may be carried forward only three years, and if not offset by earned or traded credits, the manufacturer may be liable for a civil penalty as described in paragraph (b) of this section. (6) Credit allocation plans received from a manufacturer will be reviewed and approved by NHTSA. NHTSA will approve a credit allocation plan unless it determines that the proposed credits are unavailable or that it is unlikely that the plan will result in the manufacturer earning sufficient credits to offset the subject credit shortfall. If a plan is approved, NHTSA will revise the respective manufacturer's credit account accordingly by identifying which existing or traded credits are being used to address the credit shortfall, or by identifying the manufacturer's plan to earn future credits for addressing the respective credit shortfall. If a plan is rejected, NHTSA will notify the respective manufacturer and request a revised plan. The manufacturer must submit a revised plan within 14 days of receiving agency notification. The agency will provide a manufacturer one opportunity to submit a revised credit allocation plan before it initiates civil penalty proceedings. (7) For purposes of this regulation, NHTSA will treat the use of future credits for compliance, as through a credit allocation plan, as a deferral of civil penalties for non-compliance with an applicable fuel consumption standard. (8) If NHTSA receives and approves a manufacturer's credit allocation plan to earn future credits within the following three model years in order to comply with regulatory obligations, NHTSA will defer levying civil penalties for non-compliance until the date(s) when the manufacturer's approved plan indicates that credits will be earned or acquired to achieve compliance, and upon receiving confirmed CO2 emissions and fuel consumption data from EPA. If the manufacturer fails to acquire or earn sufficient credits by the plan dates, NHTSA will initiate civil penalty proceedings. (9) In the event that NHTSA fails to receive or is unable to approve a plan for a non-compliant manufacturer due to insufficiency or untimeliness, [[Page 43632]] NHTSA may initiate civil penalty proceedings. (10) In the event that a manufacturer fails to report accurate fuel consumption data for vehicles or engines covered under this rule, noncompliance will be assumed until corrected by submission of the required data, and NHTSA may initiate civil penalty proceedings. (b) Civil penalties. (1) Generally. NHTSA may assess a civil penalty for any violation of this part under 49 U.S.C. 32902(k). This section states the procedures for assessing civil penalties for violations of Sec. 535.5. The provisions of 5 U.S.C. 554, 556, and 557 do not apply to any proceedings conducted pursuant to this section. (2) Initial determination of noncompliance. An action for civil penalties is commenced by the execution of a Notice of Violation. A determination by NHTSA's Office of Enforcement of noncompliance with applicable fuel consumption standards utilizing the certified and reported CO2 emissions and fuel consumption data provided by the Environmental Protection Agency as described in this part, and after considering all the flexibilities available under Sec. 535.7, underlies a Notice of Violation. If NHTSA Enforcement determines that a manufacturer's averaging set of vehicles or engines fails to comply with the applicable fuel consumption standard(s) by generating a credit shortfall, the chassis, vehicle or engine manufacturer, as relevant, shall be subject to a civil penalty. (3) Numbers of violations and maximum civil penalties. Any violation shall constitute a separate violation with respect to each vehicle or engine within the applicable regulatory averaging set. The maximum civil penalty is not more than $37,500.00 per vehicle or engine. The maximum civil penalty under this section for a related series of violations shall be determined by multiplying $37,500.00 times the vehicle or engine production volume for the model year in question within the regulatory averaging set. NHTSA may adjust this civil penalty amount to account for inflation. (4) Factors for determining penalty amount. In determining the amount of any civil penalty proposed to be assessed or assessed under this section, NHTSA shall take into account the gravity of the violation, the size of the violator's business, the violator's history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to the applicable standards, the estimated cost to comply with the regulation and applicable standards, the quantity of vehicles or engines not complying, and the effect of the penalty on the violator's ability to continue in business. The ``estimated cost to comply with the regulation and applicable standards,'' will be used to ensure that penalties for non-compliance will not be less than the cost of compliance. (5) NHTSA enforcement report of determination of non-compliance. (i) If NHTSA Enforcement determines that a violation has occurred, NHTSA Enforcement may prepare a report and send the report to the NHTSA Chief Counsel. (ii) The NHTSA Chief Counsel will review the report prepared by NHTSA Enforcement to determine if there is sufficient information to establish a likely violation. (iii) If the Chief Counsel determines that a violation has likely occurred, the Chief Counsel may issue a Notice of Violation to the party. (iv) If the Chief Counsel issues a Notice of Violation, he or she will prepare a case file with recommended actions. A record of any prior violations by the same party shall be forwarded with the case file. (6) Notice of violation. (i) The Notice of Violation will contain the following information: (A) The name and address of the party; (B) The alleged violation(s) and the applicable fuel consumption standard(s) violated; (C) The amount of the proposed penalty and basis for that amount; (D) The place to which, and the manner in which, payment is to be made; (E) A statement that the party may decline the Notice of Violation and that if the Notice of Violation is declined within 30 days of the date shown on the Notice of Violation, the party has the right to a hearing, if requested within 30 days of the date shown on the Notice of Violation, prior to a final assessment of a penalty by a Hearing Officer; and (F) A statement that failure to either pay the proposed penalty or to decline the Notice of Violation and request a hearing within 30 days of the date shown on the Notice of Violation will result in a finding of violation by default and that NHTSA will proceed with the civil penalty in the amount proposed on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart. (ii) The Notice of Violation may be delivered to the party by: (A) Mailing to the party (certified mail is not required); (B) Use of an overnight or express courier service; or (C) Facsimile transmission or electronic mail (with or without attachments) to the party or an employee of the party. (iii) At any time after the Notice of Violation is issued, NHTSA and the party may agree to reach a compromise on the payment amount. (iv) Once a penalty amount is paid in full, a finding of ``resolved with payment'' will be entered into the case file. (v) If the party agrees to pay the proposed penalty, but has not made payment within 30 days of the date shown on the Notice of Violation, NHTSA will enter a finding of violation by default in the matter and NHTSA will proceed with the civil penalty in the amount proposed on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart. (vi) If within 30 days of the date shown on the Notice of Violation a party fails to pay the proposed penalty on the Notice of Violation, and fails to request a hearing, then NHTSA will enter a finding of violation by default in the case file, and will assess the civil penalty in the amount set forth on the Notice of Violation without processing the violation under the hearing procedures set forth in this subpart. (vii) NHTSA's order assessing the civil penalty following a party's default is a final agency action. (7) Hearing Officer. (i) If a party timely requests a hearing after receiving a Notice of Violation, a Hearing Officer shall hear the case. (ii) The Hearing Officer will be appointed by the NHTSA Administrator, and is solely responsible for the case referred to him or her. The Hearing Officer shall have no other responsibility, direct or supervisory, for the investigation of cases referred for the assessment of civil penalties. The Hearing Officer shall have no duties related to the light-duty fuel economy or medium- and heavy-duty fuel efficiency programs. (iii) The Hearing Officer decides each case on the basis of the information before him or her. (8) Initiation of action before the Hearing Officer. (i) After the Hearing Officer receives the case file from the Chief Counsel, the Hearing Officer notifies the party in writing of: (A) The date, time, and location of the hearing and whether the hearing will be conducted telephonically or at the DOT Headquarters building in Washington, DC; [[Page 43633]] (B) The right to be represented at all stages of the proceeding by counsel as set forth in paragraph (b)(9) of this section; (C) The right to a free copy of all written evidence in the case file. (ii) On the request of a party, or at the Hearing Officer's direction, multiple proceedings may be consolidated if at any time it appears that such consolidation is necessary or desirable. (9) Counsel. A party has the right to be represented at all stages of the proceeding by counsel. A party electing to be represented by counsel must notify the Hearing Officer of this election in writing, after which point the Hearing Officer will direct all further communications to that counsel. A party represented by counsel bears all of its own attorneys' fees and costs. (10) Hearing location and costs. (i) Unless the party requests a hearing at which the party appears before the Hearing Officer in Washington, DC, the hearing may be held telephonically. In Washington, DC, the hearing is held at the headquarters of the U.S. Department of Transportation. (ii) The Hearing Officer may transfer a case to another Hearing Officer at a party's request or at the Hearing Officer's direction. (iii) A party is responsible for all fees and costs (including attorneys' fees and costs, and costs that may be associated with travel or accommodations) associated with attending a hearing. (11) Hearing procedures. (i) There is no right to discovery in any proceedings conducted pursuant to this subpart. (ii) The material in the case file pertinent to the issues to be determined by the Hearing Officer is presented by the Chief Counsel or his or her designee. (iii) The Chief Counsel may supplement the case file with information prior to the hearing. A copy of such information will be provided to the party no later than 3 business days before the hearing. (iv) At the close of the Chief Counsel's presentation of evidence, the party has the right to examine respond to and rebut material in the case file and other information presented by the Chief Counsel. In the case of witness testimony, both parties have the right of cross- examination. (v) In receiving evidence, the Hearing Officer is not bound by strict rules of evidence. In evaluating the evidence presented, the Hearing Officer must give due consideration to the reliability and relevance of each item of evidence. (vi) At the close of the party's presentation of evidence, the Hearing Officer may allow the introduction of rebuttal evidence that may be presented by the Chief Counsel. (vii) The Hearing Officer may allow the party to respond to any rebuttal evidence submitted. (viii) After the evidence in the case has been presented, the Chief Counsel and the party may present arguments on the issues in the case. The party may also request an opportunity to submit a written statement for consideration by the Hearing Officer and for further review. If granted, the Hearing Officer shall allow a reasonable time for submission of the statement and shall specify the date by which it must be received. If the statement is not received within the time prescribed, or within the limits of any extension of time granted by the Hearing Officer, it need not be considered by the Hearing Officer. (ix) A verbatim transcript of the hearing will not normally be prepared. A party may, solely at its own expense, cause a verbatim transcript to be made. If a verbatim transcript is made, the party shall submit two copies to the Hearing Officer not later than 15 days after the hearing. The Hearing Officer shall include such transcript in the record. (12) Determination of violations and assessment of civil penalties. (i) Not later than 30 days following the close of the hearing, the Hearing Officer shall issue a written decision on the Notice of Violation, based on the hearing record. This may be extended by the Hearing officer if the submissions by the Chief Counsel or the party are voluminous. The decision shall address each alleged violation, and may do so collectively. For each alleged violation, the decision shall find a violation or no violation and provide a basis for the finding. The decision shall set forth the basis for the Hearing Officer's assessment of a civil penalty, or decision not to assess a civil penalty. In determining the amount of the civil penalty, the gravity of the violation, the size of the violator's business, the violator's history of compliance with applicable fuel consumption standards, the actual fuel consumption performance related to the applicable standard, the estimated cost to comply with the regulation and applicable standard, the quantity of vehicles or engines not complying, and the effect of the penalty on the violator's ability to continue in business. The assessment of a civil penalty by the Hearing Officer shall be set forth in an accompanying final order. The Hearing Officer's written final order is a final agency action. (ii) If the Hearing Officer assesses civil penalties in excess of $1,000,000, the Hearing Officer's decision shall contain a statement advising the party of the right to an administrative appeal to the Administrator within a specified period of time. The party is advised that failure to submit an appeal within the prescribed time will bar its consideration and that failure to appeal on the basis of a particular issue will constitute a waiver of that issue in its appeal before the Administrator. (iii) The filing of a timely and complete appeal to the Administrator of a Hearing Officer's order assessing a civil penalty shall suspend the operation of the Hearing Officer's penalty, which shall no longer be a final agency action. (iv) There shall be no administrative appeals of civil penalties assessed by a Hearing Officer of less than $1,000,000. (13) Appeals of civil penalties in excess of $1,000,000. (i) A party may appeal the Hearing Officer's order assessing civil penalties over $1,000,000 to the Administrator within 21 days of the date of the issuance of the Hearing Officer's order. (ii) The Administrator will review the decision of the Hearing Officer de novo, and may affirm the decision of the hearing officer and assess a civil penalty, or (iii) The Administrator may: (A) Modify a civil penalty; (B) Rescind the Notice of Violation; or (C) Remand the case back to the Hearing Officer for new or additional proceedings. (iv) In the absence of a remand, the decision of the Administrator in an appeal is a final agency action. (14) Collection of assessed or compromised civil penalties. (i) Payment of a civil penalty, whether assessed or compromised, shall be made by check, postal money order, or electronic transfer of funds, as provided in instructions by the agency. A payment of civil penalties shall not be considered a request for a hearing. (ii) The party must remit payment of any assessed civil penalty to NHTSA within 30 days after receipt of the Hearing Officer's order assessing civil penalties, or, in the case of an appeal to the Administrator, within 30 days after receipt of the Administrator's decision on the appeal. (iii) The party must remit payment of any compromised civil penalty to NHTSA on the date and under such terms and conditions as agreed to by the party and NHTSA. Failure to pay may result in NHTSA entering a finding of violation by default and assessing a civil penalty in the amount proposed in the Notice of Violation without processing [[Page 43634]] the violation under the hearing procedures set forth in this part. (c) Changes in corporate ownership and control. Manufacturers must inform NHTSA of corporate relationship changes to ensure that credit accounts are identified correctly and credits are assigned and allocated properly. (1) In general, if two manufacturers merge in any way, they must inform NHTSA how they plan to merge their credit accounts. NHTSA will subsequently assess corporate fuel consumption and compliance status of the merged fleet instead of the original separate fleets. (2) If a manufacturer divides or divests itself of a portion of its automobile manufacturing business, it must inform NHTSA how it plans to divide the manufacturer's credit holdings into two or more accounts. NHTSA will subsequently distribute holdings as directed by the manufacturer, subject to provision for reasonably anticipated compliance obligations. (3) If a manufacturer is a successor to another manufacturer's business, it must inform NHTSA how it plans to allocate credits and resolve liabilities per 49 CFR part 534. [FR Doc. 2015-18073 Filed 7-22-15; 8:45 am] BILLING CODE 1505-01-D
![Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations 43631
Dated: June 18, 2015. PART 52—APPROVAL AND Regulations, is amended by adding an
H. Curtis Spalding, PROMULGATION OF entry in numerical order for Air
Regional Administrator, EPA New England. IMPLEMENTATION PLANS Pollution Control Regulation 44 to read
as follows:
Part 52 of chapter I, title 40 of the ■ 1. The authority citation for part 52
Code of Federal Regulations is amended continues to read as follows: § 52.2070 Identification of plan.
as follows: Authority: 42 U.S.C. 7401 et seq. * * * * *
(c) * * *
Subpart OO—Rhode Island
■ 2. In § 52.2070, the table in paragraph
(c), EPA-Approved Rhode Island
EPA-APPROVED RHODE ISLAND REGULATIONS
State effective EPA approval
State citation Title/subject Explanations
date date
* * * * * * *
Air Pollution Control Regulation Control of Volatile Organic Com- 06/04/2009 07/23/2015
44. pounds from Adhesives and [Insert Federal Register
Sealants. citation]
* * * * * * *
* * * * * The average set balance is based upon respective manufacturer’s credit account
[FR Doc. 2015–17852 Filed 7–22–15; 8:45 am] the engines or vehicles performance accordingly by identifying which
BILLING CODE 6560–50–P above or below the applicable regulatory existing or traded credits are being used
subcategory standards in each to address the credit shortfall, or by
respective averaging set and any credits identifying the manufacturer’s plan to
DEPARTMENT OF TRANSPORTATION that are traded into or out of an earn future credits for addressing the
averaging set during the model year. respective credit shortfall. If a plan is
National Highway Traffic Safety (i) If the balance is positive, the rejected, NHTSA will notify the
Administration manufacturer is designated as having a respective manufacturer and request a
credit surplus. revised plan. The manufacturer must
49 CFR Part 535 (ii) If the balance is negative, the submit a revised plan within 14 days of
manufacturer is designated as having a receiving agency notification. The
Medium- and Heavy-Duty Vehicle Fuel credit deficit. agency will provide a manufacturer one
Efficiency Program (4) NHTSA will provide written opportunity to submit a revised credit
notification to the manufacturer that has allocation plan before it initiates civil
CFR Correction a negative balance for any averaging set penalty proceedings.
In Title 49 of the Code of Federal for each model year. The manufacturer (7) For purposes of this regulation,
Regulations, Parts 400 to 571, revised as will be required to confirm the negative NHTSA will treat the use of future
of October 1, 2014, on page 146, § 535.9 balance and submit a plan indicating credits for compliance, as through a
is reinstated to read as follows: how it will allocate existing credits or credit allocation plan, as a deferral of
earn, and/or acquire by trade credits, or civil penalties for non-compliance with
§ 535.9 Enforcement approach. else be liable for a civil penalty as an applicable fuel consumption
(a) Compliance. (1) NHTSA will determined in paragraph (b) of this standard.
assess compliance with fuel section. The manufacturer must submit (8) If NHTSA receives and approves a
consumption standards each year, based a plan within 60 days of receiving manufacturer’s credit allocation plan to
upon EPA final verified data submitted agency notification. earn future credits within the following
to NHTSA for its heavy-duty vehicle (5) Credit shortfall within an three model years in order to comply
fuel efficiency program established averaging set may be carried forward with regulatory obligations, NHTSA will
pursuant to 49 U.S.C. 32902(k). NHTSA only three years, and if not offset by defer levying civil penalties for non-
may conduct verification testing earned or traded credits, the compliance until the date(s) when the
throughout a given model year in order manufacturer may be liable for a civil manufacturer’s approved plan indicates
to validate data received from penalty as described in paragraph (b) of that credits will be earned or acquired
manufacturers and will discuss any this section. to achieve compliance, and upon
potential issues with EPA and the (6) Credit allocation plans received receiving confirmed CO2 emissions and
manufacturer. from a manufacturer will be reviewed fuel consumption data from EPA. If the
(2) Credit values in gallons are and approved by NHTSA. NHTSA will manufacturer fails to acquire or earn
calculated based on the final CO2 approve a credit allocation plan unless
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sufficient credits by the plan dates,
emissions and fuel consumption data it determines that the proposed credits NHTSA will initiate civil penalty
submitted by manufacturers and are unavailable or that it is unlikely that proceedings.
verified/validated by EPA. the plan will result in the manufacturer (9) In the event that NHTSA fails to
(3) NHTSA will verify a earning sufficient credits to offset the receive or is unable to approve a plan
manufacturer’s credit balance in each subject credit shortfall. If a plan is for a non-compliant manufacturer due
averaging set for each given model year. approved, NHTSA will revise the to insufficiency or untimeliness,
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![43634 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
the violation under the hearing Guam, or the Commonwealth of the the Department in which the United
procedures set forth in this part. Northern Mariana Islands (CNMI). Once States Coast Guard is operating
(c) Changes in corporate ownership the limit of 3,502 mt is reached in 2015, (currently the Department of Homeland
and control. Manufacturers must inform retaining, transshipping, or landing Security), to promulgate such
NHTSA of corporate relationship bigeye tuna caught in the area of regulations as may be necessary to carry
changes to ensure that credit accounts application of the Convention on the out the obligations of the United States
are identified correctly and credits are Conservation and Management of under the Convention, including
assigned and allocated properly. Highly Migratory Fish Stocks in the implementation of the decisions of the
(1) In general, if two manufacturers Western and Central Pacific Ocean Commission. The WCPFC
merge in any way, they must inform (Convention), which comprises the Implementation Act further provides
NHTSA how they plan to merge their majority of the WCPO, will be that the Secretary of Commerce shall
credit accounts. NHTSA will prohibited for the remainder of the ensure consistency, to the extent
subsequently assess corporate fuel calendar year, with certain exceptions. practicable, of fishery management
consumption and compliance status of This action is necessary for the United programs administered under the
the merged fleet instead of the original States to satisfy its obligations under the WCPFC Implementation Act and the
separate fleets. Convention, to which it is a Contracting Magnuson-Stevens Fishery
(2) If a manufacturer divides or Party. Conservation and Management Act
divests itself of a portion of its DATES: Effective on July 23, 2015. (MSA; 16 U.S.C. 1801 et seq.), as well
automobile manufacturing business, it ADDRESSES: Copies of supporting as other specific laws (see 16 U.S.C.
must inform NHTSA how it plans to documents prepared for this final rule, 6905(b)). The Secretary of Commerce
divide the manufacturer’s credit including the regulatory impact review has delegated the authority to
holdings into two or more accounts. (RIR) and the Programmatic promulgate regulations under the
NHTSA will subsequently distribute Environmental Assessment (PEA), are WCPFC Implementation Act to NMFS.
holdings as directed by the available via the Federal e-Rulemaking A map showing the boundaries of the
manufacturer, subject to provision for Portal, at www.regulations.gov (search area of application of the Convention
reasonably anticipated compliance for Docket ID NOAA–NMFS–2015– (Convention Area), which comprises the
obligations. 0085. Those documents are also majority of the WCPO, can be found on
(3) If a manufacturer is a successor to available from NMFS at the following the WCPFC Web site at: www.wcpfc.int/
another manufacturer’s business, it must address: Michael D. Tosatto, Regional doc/convention-area-map.
inform NHTSA how it plans to allocate Administrator, NMFS, Pacific Islands WCPFC Decision on Tropical Tunas
credits and resolve liabilities per 49 CFR Regional Office (PIRO), 1845 Wasp
part 534. At its Eleventh Regular Session, in
Blvd., Building 176, Honolulu, HI December 2014, the WCPFC adopted
[FR Doc. 2015–18073 Filed 7–22–15; 8:45 am] 96818. Conservation and Management Measure
BILLING CODE 1505–01–D FOR FURTHER INFORMATION CONTACT: Rini (CMM) 2014–01, ‘‘Conservation and
Ghosh, NMFS PIRO, 808–725–5033. Management Measure for Bigeye,
SUPPLEMENTARY INFORMATION: Yellowfin and Skipjack Tuna in the
DEPARTMENT OF COMMERCE Western and Central Pacific Ocean.’’
Background on the Convention CMM 2014–01 is the most recent in a
National Oceanic and Atmospheric The Convention focuses on the series of CMMs for the management of
Administration conservation and management of highly tropical tuna stocks under the purview
migratory species (HMS) and the of the Commission. It is a successor to
50 CFR Part 300 management of fisheries for HMS. The CMM 2013–01, adopted in December
[Docket No. 150619537–5615–01] objective of the Convention is to ensure, 2013. These and other CMMs are
through effective management, the long- available at: www.wcpfc.int/
RIN 0648–BF19 term conservation and sustainable use conservation-and-management-
of HMS in the WCPO. To accomplish measures.
International Fisheries; Western and
this objective, the Convention The stated general objective of CMM
Central Pacific Fisheries for Highly
established the Commission on the 2014–01 and several of its predecessor
Migratory Species; Bigeye Tuna Catch
Conservation and Management of CMMs is to ensure that the stocks of
Limits in Longline Fisheries for 2015
Highly Migratory Fish Stocks in the bigeye tuna (Thunnus obesus),
AGENCY: National Marine Fisheries Western and Central Pacific Ocean yellowfin tuna (Thunnus albacares),
Service (NMFS), National Oceanic and (Commission or WCPFC). The and skipjack tuna (Katsuwonus pelamis)
Atmospheric Administration (NOAA), Commission includes Members, in the WCPO are, at a minimum,
Commerce. Cooperating Non-members, and maintained at levels capable of
ACTION: Final rule. Participating Territories (hereafter, producing their maximum sustainable
collectively ‘‘members’’). The United yield as qualified by relevant
SUMMARY: NMFS issues regulations States is a Member. American Samoa, environmental and economic factors.
under authority of the Western and Guam, and the CNMI are Participating The CMM includes specific objectives
Central Pacific Fisheries Convention Territories. for each of the three stocks: For each,
Implementation Act (WCPFC As a Contracting Party to the the fishing mortality rate is to be
Implementation Act) to establish a catch Convention and a Member of the reduced to or maintained at levels no
limit of 3,502 metric tons (mt) of bigeye Commission, the United States is
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greater than the fishing mortality rate
tuna (Thunnus obesus) for vessels in the obligated to implement the decisions of associated with maximum sustainable
U.S. pelagic longline fisheries operating the Commission. The WCPFC yield.
in the western and central Pacific Ocean Implementation Act (16 U.S.C. 6901 et CMM 2014–01 went into effect
(WCPO) for calendar year 2015. The seq.) authorizes the Secretary of February 3, 2015, and is generally
limit does not apply to vessels in the Commerce, in consultation with the applicable for the 2015–2017 period.
longline fisheries of American Samoa, Secretary of State and the Secretary of The CMM includes provisions for purse
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Document Created: 2015-12-15 12:53:10
Document Modified: 2015-12-15 12:53:10
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| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Rules and Regulations | |
| FR Citation | 80 FR 43631 |
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